DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 8497-07
31 January 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 January 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 24 February 1997, you enlisted in the Navy at age 23 after a
prior enlistment five years earlier that resulted in an entry
level separation. On 28 February 1997, a medical evaluation
found that you were unfit for duty due to a radical keratotomy
surgery that you had several months before enlistment. On
4 March 1997, your commanding officer initiated an entry level
separation by reason of erroneous enlistment due to the radical
keratotomy surgery. In connection with this processing, you
acknowledged the separation action and declined to submit a
statement. On 4 March 1997, the separation authority approved
the separation recommendation and directed an entry level
separation by reason of erroneous enlistment. On 7 March 1997,
you were so discharged and assigned an RE-4 reenlistment code.
Regulations authorize the assignment of an RE-4 reenlistment code
when an individual is discharged by reason of erroneous
enlistment. Given your two enlistments that resulted in entry
level separations by reason of erroneous enlistment and since you
have been treated no differently than others in your situation,
the Board could not find an error or injustice in the assignment
of the RE-4 reenlistment code. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
The Board noted that you may contact the Department of the Navy,
Navy Personnel Command (BUPERS), Sailor Assistance Center, Code
Pers-312F, 5720 Integrity Drive, Millington, TN 38055-3120, to
request administrative corrections be made on your DD Form 214,
specifically, blocks 26 and 28.
Sincerely,
\deadyt,
W. DEAN P
Executive ctor
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